i teach at a law school. we can't adopt the program because thank goodness, colleges are not that segregated today. basically, the 10% programs viability is a race control alternative, only work in -- >> he works for a large university. works for a large state university. the 10% program as you point out was this attempt to try to honor diversity in the classroom with a new kind of policy. there's a new report out called better affirmative action by richard collenberg at the century foundation suggesting maybe what we need is socioeconomically-based affirmative action. is this the solution if fisher brings down affirmative action as we know it today? >> initially, doesn't have to be an either/or. very often when we see the cases cued up to the supreme court we're all counting votes before the arguments even happen. i think if we take ourselves back to michigan, everybody was saying that plan would not survive. everybody said that. almost everybody. >> who knew roberts would go for the health care reform. >> i